While few construction cases currently go to trial, it is inevitable
that some will. Construction cases, unlike other commercial disputes,
present unique challenges. They are typically document intensive and
turn on complex technical issues that are beyond the knowledge and
experience of lay persons. Presenting a construction case to a jury or
other trier of fact requires a myriad of skills ranging from
story-telling techniques to a profound understanding of the rules of
procedure and evidence, to the use of state-of-the-art graphics and
exhibits as well as other tools available to optimize the litigants'
abilities to persuade the jury.
This trial practice handbook was written by construction lawyers who,
collectively, have decades of trial experience, and is focused only on
construction cases. The book is generally organized to follow the
sequence of a trial. It begins with a chapter on the Art of Persuasion,
written by a nationally renowned professor of trial practice who
explains the importance of story-telling techniques and how they should
be an indispensable part of trial preparation. The book then generally
follows the sequence of a trial, with chapters on jury selection,
opening statements, direct and cross examination, handling experts and
exhibits, jury instructions and closing. There are also chapters that
address pre-trial evidentiary motions, enforcement of judgments and
preserving the record for appeal.
